Abuse can take many forms – physical, sexual, mental or emotional. Children can suffer abuse from a parent, or a spouse can suffer abuse from another spouse. An individual can suffer from the effects of abuse for years after the incident, and in some cases, never truly get over it. If a parent is in an abusive relationship, it is important for him or her to extricate him or herself. If children are also involved, they must also be removed from the abusive environment. The most important thing you can do if you find yourself in this situation is to enlist the best family law attorneys possible. Consulting the child custody experts Vayman & Teitelbaum can provide you with everything you need to know.
Domestic violence in Georgia occurs when felony, battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespassing between family members takes place. Domestic violence is also called family violence in Georgia and the ramifications of it can be damning to a child custody case.
In Georgia, the courts must take into consideration any domestic violence allegations or claims prior to deciding on child custody. When a custody case begins, parents can give any information about the other prior to court proceedings. The information can pertain to any domestic violence incidents or situations with children from other relationships.
Can Abusive Parents Get Custody?
Georgia courts will only grant custody to an abusive parent if there are certain protections put in place. These orders will protect the child and the abused parent. Some of these protections may include:
- Custody exchange happens in a “safe” place
- Visitations are supervised
- Supervision fees must be paid by the abusive parent
- Abusive parent must enter domestic violence rehab program
- Prevention of overnight custody by abusive parent
In extreme cases, a judge may terminate a parent’s right to the child. If it is in the best interest of the child, the court will remove the parent’s rights over the abused youngster. To terminate the parent’s rights, however, clear evidence of abuse must be found.
How Long do These Cases Last?
Experts say that child custody cases involving abuse can last for years. In some instances, the abusive partner has difficulty giving up his or her custody. Some ex-spouses can become vindictive during the process and the custody battle can drag on with them saying one thing and doing another.
Experts say that it is important to treat a child custody fight like business and to try to leave emotions at the door. Family abuse can happen to anyone. The most important thing to do is to get out of the relationship as quickly as possible.
Vayman & Teitelbaum Can Help
The law firm of Vayman & Teitelbaum can provide you with legal guidance when it comes to child custody. With four locations in Georgia, Vayman & Teitelbaum, Attorneys at Law, is available to give you insight on moving on after a divorce. Visit our dedicated divorce or child custody page to see how we can help you. If you have any questions, contact us and let our experienced attorneys in family law go to work for you.